ms. megyn is next. i'm'reilly and the spin stops here. we are definitely looking out for you. i'm megyn kelly live from the headquarters of fox news in new york city. coming up live tonight on "the kelly file" -- >> emotions run high at a hearing for the new health care law. >> what are our options now? we don't have any options. >> julie explains how the new law is affecting her family. plus "the kelly file" investigation into why the white house failed to tell the truth when the president's uncle ended up in custody. >> there was no evidence that they met. that was what was conveyed. >> that's not the story now. exclusive tonight, a well known washington whistleblower has information on what he calls

controversial hires. "the kelly file" starts now. who was that? we're going to muddle through another night together. breaking this evening, the administration has been forced to confirm what we reported to you a couple of days ago. tens of thousands of americans who think they have health insurance under obama care may discover january 1 that they do not. after days of refusing to release the stats on the problems that have been plaguing health care.gov the administration has announced under pressure from the press that the enrollments of 1 of every 4 people in the months of october and november were botched. at least one of every four. now since then they say at least one of every ten federal applications have had problems, since the fix. they think the number is higher in the state exchanges. a reporter pressed the agency in

charge of the exchanges, the federal exchange for a solution to the mess. people think they have the coverage. they don't have the coverage. the insurer has a botched form. it doesn't have a name so it can't call the person to tell them, it didn't work for you. here was the answer. >> but you're not saying everyone should call. you're not suggesting urging them strongly despite the fact you are talking about a potential one in ten error rate going forward? >> i would encourage any consumer with a question about their coverage or plan selection choice to contact the plan of their choice to get additional information. >> any consumer who has a question? every consumer should have a question because they don't know who it is. tom miller is a former member of the national advisory council for the department of health and human services and a fellow from the american enterprise institute. anybody who's got a question, if you enrolled in health care.gov,

you better have a question. we don't know who the one out of four are who think they have insurance but don't. >> that's absolutely right. it's almost the motto should be don't trust, do verify. you can't be sure of just about anything under this law. we know the administration will have to admit to some errors when it has no other alternative. >> they didn't want to release the numbers. most of the press was pressing them saying let us know how many we are talking about. finally they said, it's 1 in 4 for october and november. one in ten since the relaunch of of the website. this is all they are willing to admit to in terms of whatever forms have gone wrong, whatever submissions have gone wrong. now you hear hubris almost in the response saying it's on you. the only way we'll get it fixed

is the the american people better ensure they have coverage. >> they are trying to power their way through all of the mistakes, evasions, delays, the misrepresentations. and leave it in the hands of the private sector partners who are supposed to clean up the mess. the insurers will be stuck with some of this. patients will be inconvenienced. it is a guessing game. i expect early estimates of errors are crafted to look better than they will turn out the to be. >> do we have reason to believe they can fix this? the insurance companies who are trying to set this right to the extent they can identify people are trying to do it by hand through comparisons and so on. we are up against a deadline here for people who lost their coverage unexpectedly thanks to the law. and now are not going to have it on january 1 unless they can -- you know, right now they lost coverage but they think they

have coverage. they need to figure it out and have people re-enroll by december 23. do we think that will happen? >> let's break this down. this is supposed to be a state of the art, high tech system. first you may have to mail in the amle indication because the website doesn't work. then the insurer has to check it by hand and you have the to place a phone call to see if everything is accurate. this is not state of the art shopping. it's far short of what average private sector web based consumer retail service is like. you would be out of business in the private sector if you did this. >> on the insurance subsidy side for the subsidies supposed to make the premiums handleable they are asking the insurance companies to guesstimate what subsidy each enrollee gets and the government cuts a check. thank you for being here. >> you're welcome. >> we are also seeing a series of new reports raising worries about patient access to doctors

under obama care. we told you about this last night. some doctors say they don't want to and cannot afford to participate in the exchanges. dr. theodore mazur is an ear, nose and throat doctor and expressed concern. what can we do about my throat? just kidding. i know you're not on the clock now. here's my real question for you. what specifically is the beef out in california about the reimbursement that leads you to say doctors don't want to join the exchanges? >> i wouldn't say it's a beef. people have to now make a decision whether to participate in the exchange plans. when the exchanges offered participation this year they said, would you participate with no details and doctors were skeptical about what did that man as far as the viability of the practice. we train to take care of patients. that's the bottom line. in order to take care of patientses you have to be able

to keep the doors open, pay your overhead and staff. when we are offered rates through exchanges that don't cover the expense not only can't we see new patients, we can't stay open for the patients we are currently taking care of. we train to take care of all patients whether they will be exchange patients, medicaid patients, commercial patients. the exchanges have not been as open as they should have been. we are trying to work here in california with covered california to get the transparency so we know as physicians can we participate? patients should be getting accurate information and they are not. >> i apologize to the viewers for this. we are having technical difficulties. that brought the random full screen of barack obama and his uncle. i understand you gave an example of about medicare paying $76 for return office visits. if patients have to go for a

follow up they get $76. in california is reimbursement is lower? >> that was a misstatement in the original language put out by the examiner today. what i was trying to explain is in my area of california in san diego, medicare pays roughly $76 for a return office visit. medi medi-cal pays $24. there are payments somewhere in between and pretty close to the medi-cal number. $24 doesn't cover the cost of taking care of a patient. that's why there are problems getting doctors to take care of medicaid patients in california. we cannot have the exchanges offering low rates for patients moving out of the ppo market or the individual markets. >> not an incentive for doctors to participate. what will happen to californians who have no choice but to join in a program under the exchange? >> we are dealing with narrow

networking. it's coming about because the physician is making a decision whether or not to participate and by plans only contracting with a smaller number of doctors for exchange products. if you put enough people in the plans and you don't have enough doctors participating you end up with a bottleneck so you aren't doing what this is about -- improving access to care. >> last question. covered california claims over 60,000 unique physicians available through the covered california plans. do you buy that number? >> i really don't. we have been trying at california medical association to understand the numbers. in my community i can't find a specialist signed up with the contracts. blue shield are accessing us under ppo contracts when we didn't sign up with the exchange product. that may be where some of the numbers are coming from. it's not as broad as they are broadcasting. >> stick around. we'll fix this throat by the b block.

coming up, has the main stream media declared war on republican women? wait until you see what onech t week. next, new evidence that the white house may have a truth problem. "the kelly file" investigates a major about-face in a story involving a member of president obama's own family. that's right after the break. don't misds this. >> the white house said in 2011, i believe, there was no record of them ever meeting. now the boston globe is being told by the white house -- and i assume you can elaborate. they lived together briefly when the president was in law school. how can you make that kind of mistake? [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health. one a day men's 50+.

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i just have a quick question. >> you can drop from heaven or hell. >> you don't have to get angry. i have a quick question for you. i know you have been in this country a long time. >> i called the cops. they're coming in. >> okay. i have a quick question. >> i don't want no questions. >> that was fox's jesse watters tracking down president obama's uncle outside of boston earlier this year. in 2011 omar obama was arrested for drunk driving. it was discovered he was living in the united states illegally.

the white house claimed at the time that omar and president obama never had met because reporters were inquiring about the relationship. now they have done a complete 180. trace gallagher has "the kelly file" investigation. >> reporter: in fact, when the president's uncle omar was arrested for drunk driving not only did we learn he was here illegally but that he was related to the president. in fact he was asked if he would like to make a phone call. he said, i think i will call the white house. the white house told the boston globe there was no record of the president meeting his uncle omar. this week in the boston immigration court omar obama testified not only had he met his nephew but barack obama even lived with him for a short time. the white house said there was no deception. they couldn't find evidence to support the president met his

uncle. it is not clear what evidence they were looking for though omar was mentioned in the president's book there was no mention of them meeting. today jay carney pinpointed the problem. listen to this. >> nobody asked him in the past. the president said he, in fact, had met omar obama when he moved to the cambridge for law school. he stayed with him for a brief period of time until the president's apartment was ready. after that they saw each other once every few months while the president was in cambridge. after law school they gradually fell out of touch. >> in case you missed it jay carney said the problem was nobody asked the president if he met his uncle. the white house says he's not seen his uncle in 20 years. uncle omar was allowed to remain in this country because of his good moral character. the white house didn't intervene at all in the immigration hearing. >> mark thiessen is a former

speech writer for president george w. bush. they say nobody ever asked him. yet they started disseminating information to newspapers like the boston globe without having asked him, according to the white house. do you believe it? >> i don't buy it for a second. the president's uncle is in the country illegally, arrested for dui and says i will call the white house. nobody tells the president about this or discusses it with him? it stretches credulity. no. i don't believe the explanation. if it was true it's a worse problem in the white house. nobody brings this president bad information. it is a hard conversation to walk into the oval office and say to the president your uncle was arrested for dui. it's also hard to walk in and say the obama care website doesn't work or to say to the president you have been telling americans they can keep their insurance but it is not true. you have to stop. either they are not having the conversations or they are having them and disseminating false

information anyway. either way, they have a culture that disseminates and encourages dishonesty. >> if what they are saying isn't true and they discussed it with the president it is a bald-faced lie. >> yeah. >> if he told them, i know him. i'm related to him. i lived with him for a few years before law school it was just a lie. is it naive to be saying the white house press office wouldn't tell us bald-faced lies about such matters? >> i hope that it's not a bald-faced lie. it means nobody is telling the president these things. nobody told the president the website doesn't work. nobody told him after he said 30 times you can keep your health care plan. nobody told the president that's not true? they are not doing their jobs. it's part of the job to tell the president bad news. >> this didn't get a lot of coverage. is this a story? >> it's a story. on its one it would be a one-day

kerfuffle. but it is in the context of a series of lies. this is an administration that lied to the american people about benghazi. they laid to the american people about banl and whether they can keep their plan. now they lied to the american people or misled them about the president's family. so you have a pattern of misinformation coming out of the administration at a time when the president, even himself admits he's fighting to get credibility back. a majority of americans say he's not trustworthy or honest. they think -- a majority said they think he deliberately lied to the american people when he said you can keep your health plan. this doesn't help get his credibility back. >> doesn't come at the right time. good to see you. >> feel better. >> thank you. the doctor wanted to put a acid o -- video scope up my nose to look at my throat. we politely declined.

instead i'll have more of these. coming up has the main stream media declared war on republican women? wait until you see what a research team discovered. plus obama care hitting home for a family this the heart land. the story of the tough choice they face just ahead. >> there has never been good information out there about the aca, about what it is, about what it does. now that it's really coming to bear it's something far worse than i think many of us anticipated. ick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare.

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from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> there was a vicious attack on

sarah palin but the resignation didn't get a lot of attention. the media research center did some checking. when rush limbaugh made a comment about sandra fluke, a former law student who testified on the subject of birth control the main stream media covered it 32 times in two weeks after the comment was made. when former msnbc host martin bashir said sarah palin was a good candidate for disgusting punishment, guess how many time it is networks covered that? joining me now brent bozell. he performed the study. how many times did they cover it? >> it's not hard to count them. it's zero. no coverage whatsoever. it's so bad that you don't want to say what it was. i will tell the audience if you don't know, imagine the most disgusting thing imaginable. that's what he said should be done to sarah palin. it was 100-fold more serious

than anything rush limbaugh ever said about anyone in 30 years on his show. yet 32 stories, which is a tsunami on rush limbaugh, nothing. crickets about martin bashir. >> you're telling me none of the big three covered the dust-up at all? >> no, no. they didn't cover it. they don't cover the ongoing -- there is real miso gyn y on the network. when you have them calling sarah palin an imbecile, throwing out insults. the media that gives us lectures about decency are nowhere to be found because it's conservative women. >> is it about conservative women? or is it about sarah palin because she's an alienating figure to many. they feel she give s as good as she gets.

so you have to take even the most vile attacks. >> it's both. she's the uber conservative woman. she's the north star for attacks as far as they are concerned which is why he would say something. the interesting thing about what happened, this wasn't an off the cuff remark. this was a prepared, produced set-up piece. it begs the question not why did martin bashir resign. it took him 19 days to do it. why wasn't he fired the metrodome he did it. where is comcast's apology to sarah palin and to the viewers who had to undergo that? were the national media covering that? it's because sarah palin is a woman. miso gyny is okay if you're a conservative woman. bigotry is okay if you are a catholic organization. the things they preach are acceptable if it's their political position.

>> speaking of msnbc, talking to chris matthews last night and talking about the divisiveness in the country. listen to his take on it. >> the american people are good and decent. sometimes we get divided, partly because our politics and our media specifically tries to divide them. and splinter them. >> our media specifically tries to divide people. >> what's happened is that some in the media -- not many, but some in the media have concluded this fiasco of obama care is simply indefensible, especially when the man lied dozens of times to the american people. there are some this the liberal media, some liberals saying it has to be covered. that's his reaction. how dare you. >> do you think he's ticked off about the negative -- >> he's had 100% sycophant

coverage. the wheels are coming off. some of his most ardent supporters are saying, you have gone too far. >> thank you, brent. >> hope you feel better. >> thank you very much. i have my tea, my honey, all sorts of things. this problem may be earning me more money. we'll explain it to you in 15 minutes right here. coming uh, a well known washington whistleblower has new information on what he called controversial hires by the obama administration. wait until you hear who is now going to be basically embracing immigration policy in this country. an exclusive next. plus, just out for gift givers, the baby chair with a built-in ipad holders for infants. is this a good idea? so i can reach ally bank 24/7, but there are no branches? 24/7. i'm sorry, i'm just really reluctant to try new things. really?

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a first on "the kelly file." an everyday mom details the heart wrenching decisions her family is facing after finding out that the cost of her insurance coverage may rise more than 300%. trace gallagher spoke with her from los angeles today. >> her name is julie dalton. she spoke at a congressional field hearing about the affordable care act. she was emotional, compelling and, yes, congress was listening intently. dalton told lawmakers in 2009 her family dropped insurance because of cost. in 2011 they decided to take the president at his word that if you like youren plan you can keep it. they got a plan and they liked it. unfortunately as millions of americans have learned, it was not grandfathered. listen to julie.

>> up until then i wasn't aware that there was such a thing as a grandfather clause. if we had known that we would have tied to comply with that. >> her plan she was paying $375 a month for was cancelled. her new plan? $1,180 a month, an 800 dollar plus increase. they cannot afford it. then they learned they qualified for subsidies. instead of being relieved she was angry. >> my husband had to make decisions just so we could take subsidies. that's not what we want. we find it abhorrent that we would be self-reliant only to burden our children and grandchildren to pay for something that two months ago we were handling just fine. >> doesn't want to have anything

her kids have to pay for later. it would cover only $250 a month. the plan would be over $900. arizona extended the individual plan so the daltons get a reprieve until 2015. then what? listen. >> we don't have any options. my husband and i are in middle age. we are going to be needing health care more and more. we have been blessed up until now. we haven't needed a doctor. but going forward, we will. now what? >> at one point during the hearing she started to cry and a congressman said she almost made him cry. megyn. >> all right. thank you. that's your "the kelly file" exclusive. a well known washington whistle blower has a new report about the background of a bunch of attorneys just hired to manage immigration litigation for the

obama administration. jay christian adams is a former doj attorney and pajamas media contributor. they hired new immigration enforcement attorneys at the department of homeland security. why are you concerned? >> because they turn to radical open borders organizations. they turn to groups funded by the tides foundation. mexican-american legal defense fund, latino justice. all of the demonstrated organizations with hostility toward immigration law are now the source of dozens of new lawyers inside the department of homeland security. this administration knows the personnel policy. if you don't want laws enforced go hire lawyers who don't like immigration laws. >> be specific. can you name names? >> we do. the article names dozens of lawyers with their photographs that we obtained the biographical information for.

let's talk about two. the first the jennifer lee. jennifer lee came from an organization that was militantly open borders. when she was there they published a pamphlet to give to illegals entitled "what to do in the event of a raid" and it gave advice to people here illegally how to behave if they come calling. now jennifer lee is working at drk hs. this organization was hostile to dhs as a source of new employees. there is an attorney named maura wee. she worked for the aclu immigrant rights project. when she was there she wrote condemnations of dhs because they were collecting fingerprint information of people they captured at the border. she said you shouldn't collect this information. the reason the information, of course, is important is because

people just cycle through. get caught, sent back. opposing fingerprint information is a radical policy that affects the open board rs. >> these attorneys they just hired, were with with they necessary? did they have vacancies that needed to be filled? >> that's an interesting part of the story. they didn't need to hire this many people. they were going to originally hire a few. the chief lawyer at the dhs component, a man named steve legompski wanted to hire dozens and got special approval. that's important because this unit will have the power to effectively suspend immigration laws that if congress doesn't pass amnesty or comprehensive reform, these new lawyers will have the power to just let everybody in the united states that asks. whether it's asylum or other people who over stayed their visa. they can short circuit deportations. >> it's a potential way too

achieve a forum of soft amnesty without the actual deal. how long are people in office for? do they go when the president goes? >> no. they are permanent, career civil service jobs. these are government attorneys making between $75,000 and $155,000 a year. the next administration is stuck with them. they can't do anything about it. they probably wouldn't have the skill set or guts to do anything anyway. they are borrowing in this administration. the personnel, the policy and they are changing the personnel to change the policy. >> fascinating. we reached out to the dhs for comment. they came back and said their hiring standards adhered to stringent protocols to ensure an impartial process and said neither political views nor other inappropriate factors are considered in this process. jay christian adams, good to see you. >> you, too.

>> coming up, zero tolerance goes to a new place when a fifth grader is suspended for shooting an imaginary arrow at a classmate. like the sign for virgo gets you suspended now with expulsion threatened. that's after the break. plus, we are hearing that there is a growing change in how men are speaking, how they are talking. you've got to hear this. we have evidence of all the guys on the show last night, even trace and others. we'll let you hear it and we want you to let us know what you think. are you hearing a change? let me know during the break. ♪ man, i feel like a woman [ male announcer ] here's a question for you:

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an imaginary arrow at a classmate. joining me now, kelly goss, rick gurnell and a criminal defense attorney. we have hot topics. that's the first one. it's the sign for virgo basically. now if you flash it you get suspended and maybe expelled. >> ridiculous. here's how ridiculous it is. if we are going to punish the kid for pretending to shoot a bow and arrow let's ticket the parents for parking their unicorn in a fire zone. the kid is 10. we encourage them to use their imagination. >> it will be on his permanent record. >> i'm so grateful i'm not growing up in this age of political correctness run amok. i would have been busted for the wonder woman uniform because it was too threaten iing.

>> that's true. this kid faces possible expulsion. there is an appeal being made but they have not reversed the decision in any way. >> we need to say the name cough man. she's the principal. this is ridiculous that you would punish someone. you're punishing someone for imagination. we should be celebrating when people want to do something that doesn't have a gun. >> he didn't hurt anybody. he didn't have a weapon. he thought about one and made a motion. that's what it is coming to now. let's move on to a story raising eyebrows. this baby seat. i have a 4-month-old. that's about the size you are looking at. it's the newborn to toddler activity seat for ipad device. i guess if you don't want to speak to your child. >> i love this.

>> you love it? >> love it. >> why? >> i don't want to ban anything. i think this is fantastic that mothers would have something that can be really easy for their child to do. i mean, what's the difference between this and the little thing that hangs over them and they can play with it? it's still interactive. >> go ahead, kelly. >> those of us who are adult are on screens too much. it's really bad. messing up our sleep patterns, how we communicate. the idea that we should be starting younger, we should use less of this stuff the, not encouraging younger people to use more. and for kids under 2 the american academy of pediatrics says it's bad. >> they don't like screens or tv either unless it's fox news channel. but the thing is when you put the little toy in front of your child on the car seat he pulls it, hits it, looks at it maybe thinks about it.

but then he looks out the window. looks at mommy. this is all look at the big, you know, mickey mouse or whatever. does it take away the opportunity for imagination? >> am i the only nonparent on the panel? for me to have a kid, i would need an app for that. >> we'll talk later. >> we have the technology. why not have the children -- >> you know caring parents will use it sparingly but negligent parents will sit their kid in front of this. >> some need it. >> ing back to the first story, imagination is a great thing. i was reading a study that said boredom is good for kids. i became a writer in part because i was left to my own devices to come up with stories. >> can you not have imagination watching an ipad? you can have better imagination than the toy hanging there. >> how so? >> it's more interactive. >> you're talking about an

infant. >> much more interesting than a hang ing stuffed animal. >> if i'm in the car with the child and he's crying i start singing or do something to interact. >> now you're a distracted driver. >> my child needs me. now it's turn the channel, honey. turn on little einstein. you'll love it. next. there is a study out that modern men are starting to uptalk. that's when you rise in pitch at the end of sentences. we went through the show last night and pulled a clip from every man who was on. watch. >> they really know nothing about this law. >> it's not nearly enough. >> now can't even build a website? >> so happy going to put you in jail. >> how brilliant was that? what does it mean? he's starting to become a valley

girl? >> identifying with women way too much. >> who did the study? linguist amanda richard presented it at the acoustical society of america. not a member? >> did one penny go into this? >> they said their study bust it is stereotype that those who speak up talk ask questions instead of make statements. we had the debate last night. >> no, we didn't. >> no one cares. >> this is the hot issue in congress. >> they are trying to find out whether men are losing the authority in their voices because a duke university study said ceos who speak in lower voices without the up talk. >> i would agree with that. >> same goes for women. maybe not today. you have one of the perfect

female voices. it's not pitchy. not too screechy. today it's sexy. but in general when you are getting sold something, for example. here's what i see the most. you are getting sold a car, a house and a man is talking to you. i see them trying to talk more like they think women talk with the up talk. that irritates me. >> do you remember when they came on the scene and there was talk about whether kirsten gillibrand's voice would hinder her career? >> those with deeper voices have a distinct advantage over high-pitched peers. lower pitched voices are linked to dominant behavior which i couldn't help but think of this little chest nut when i read that. >> what makes you dominant and me submissive and who died and made you scientist in chief?

maybe i am dominant because i have a lower voice. thoughts? >> i agree. >> you were in that clip. >> thank you. hopefully it results in a bunch more money because the study says it will. panel, thank you. >> thanks. coming up, dramatic developments in an alleged hate crime targeting a bi racial high school football player. who the police now says is the prime suspect. and on "hannity" at the top of the hour. >> johanna had her last brain surgery a month ago. while i was in icu with her i was trying to get ahold of the insurance company. i called them and the first call they said it was determine nated as of december 31. that's when i left the room crying, called my husband. then e-mailed you. explorer card. i've saved $75 in checked bag fees. [ delavane ] priority boarding is really important to us.

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dramatic developments in an alleged hate crime targeting a biracial high school football player. you won't believe who police say is the prime suspect. trace gallagher has the story. >> reporter: in this case the 13-year-old football player isaac phillips quit the team and left school when the family the filed a police report saying someone spray painted a racist message on the back of the house saying knights -- which is the football team -- don't need -- and the n-word. the family blamed the football the players. here is the dad. >> there are two, three bad seeds, you know, that's ruining this the. it is not the whole team. like i said, it falls on leadership. if you allow certain things to happen, don't be surprised when things escalate.

>> even before the investigation the high school took immediate action a, cancelling the remainder of the football season. listen to the superintendent. >> we have no tolerance for racism in any form. we do what we can to eliminate it from our schools and our community. >> there was even a town-wide vigil against racism that the phillips family spoke at. now the family is suddenly silent after the police chief said the football team was not responsible for racist graffiti and showed up on the doorstep with a warrant. the cops took four cans of spray paint and said the evidence led to the house. the mom was called a strong suspect, now a person of interest. court documents say the mom made false statements and asked the police to stop the investigation but police say the investigation will go forward. the football season is gone forever. megyn? >> that's unbelievable.

pretty harsh result. i have to turn the page because i want to give you the chance to response to this. >> they really know nothing about this law. >> it's not nearly enough. >> now can't even build a website. >> so happy they didn't put you in jail. >> what's with the uptalking? >> that's the way you compel people. that's how you get your point across, as they will tell you in journalism school. they say, who is the guy with the high voice? >> i would imitate it if i could. we'll be right back with news on jay leno. every day we're working to be an even better company -

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androgel 1.62%. guess who's going on "the tonight show"? leno thinks he'll interview me but i'm interviewing him. tweet me your questions. welcome to "hannity." tonight right here on this program we have been telling you for years that the president's health care law needs to be repealed and replaced. now a majority of americans agree with us according to a newly released gallup poll. 52% say they favor repealing or scaling back obama care. only 37% said it should be kept the way it is or expanded. that's not only the troubling news we have to share on a conference call with reporters today a cms spokesman said on health care.gov one of every ten transactions is experiencing errors. also according to politico things